Photography Contracts
Model Release Forms
A contract is a legally binding agreement either written or spoken. Although Washington allows consent to be obtained orally or in writing, written contracts are better because there is physically proof that they exist. Contracts can be a formally piece of paperwork or phone calls or emails, if saved, can be contracts. If someone decides to take you to court all these can be used for or against you. Other than protecting you from lawsuits, contracts are a good way to make sure everyone is on the same page while furthering customer service. Contracts will vary state to state because the laws vary.
If a photograph is being used for marketing or advertising and includes a person or their private property, then you must use a model release form. If your photographing a large group of people, then you need contract for every identifiable person. This concept applies the same to private property. If the said property is recognizable in any way then you will need a signed contract from the owner.
The minimum contract requires photographed person’s…
- permission to allow for the commercial use of images.
- permission to have a third party use it.
- name, phone number, and signature of person giving release, and witness of photographed person.
It’s also good to have the person photographed to….
- permission to be published by the photographer and his/her assigns.
- permission that the image can be used commercially for advertising or editorial purposes.
- permission to have all rights, including copyright, belong to the photographer and his/her assigns.
- permission to release the photographer and assigns from any future claims of compensation or any other reason.
- affirmation that it is clear that the photographed person will not be compensated more than what is agreed on at the time of the shoot and no longer has any rights to the photos.
Always remember to respect people’s decision to choose not consent to be photographed and also remember to keep contracts if people do consent.
Here’s an example of my simple clear contract:
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